Governors To Appoint CPs, Check Out Other Highlights Of State Police Bill

The House of Representatives on Thursday passed a constitutional amendment bill seeking to establish state police in Nigeria.

Naija News reports that the bill seeks to amend several sections of the 1999 Constitution to provide a framework for the creation, funding, regulation and operation of state police services.

It also retains the Nigeria Police Force (NPF) as a federal policing institution.

Among its provisions, the bill empowers state governors to appoint commissioners of police for their respective states.

It also provides for the creation of State Police Service Commissions to regulate and oversee the operations of state police formations.

The proposed legislation limits federal interference in state policing while allowing the Federal Government to provide grants to state police services.

Calls for state police have intensified in recent years following worsening insecurity across the country.

Supporters of the proposal argue that decentralised policing will improve intelligence gathering, response time and community-level security.

The bill is part of ongoing efforts by the National Assembly to reform Nigeria’s security architecture and respond to growing demands for localised policing.

Here are some of the key provisions of the bill.

National Assembly To Set Standards For State Police

Section 214 provides that the national assembly shall prescribe the structure, organisation, administration and powers of the federal police and establish guidelines for the establishment of state police.

A state police service will only become operational after a state house of assembly passes a law establishing it, and it is certified to meet national minimum standards.

Implication

This means state governments will not have unrestricted powers to establish police services.

States will be required to comply with nationally prescribed standards before their police outfits can begin operations, creating uniform benchmarks across the federation.

Federal Police To Continue Operating Alongside State Police

The bill provides that even after state police become operational, the federal police will continue to perform federal policing functions and may assist state police when necessary.

The federal police will also continue to maintain public security throughout the federation to the extent provided by law.

Implication

The proposal does not abolish the existing police structure. Instead, it creates a dual policing arrangement in which federal and state police will coexist, similar to systems practised in several federal countries.

Federal Police Cannot Interfere In States

Under section 214(6), the federal police cannot interfere in the operations or internal security affairs of a state except in limited circumstances.

These include situations in which there is a complete breakdown of law and order, when a governor requests intervention, or when a state police service becomes ineffective due to administrative or financial problems. Any intervention must first receive approval from the National Police Council.

Implication

The provision prevents arbitrary federal control over state police and requires the approval of the National Police Council before federal intervention can occur.

Governors To Appoint Commissioners Of Police

Section 215 provides that a state police service shall be headed by a commissioner of police appointed by the governor on the advice of the National Police Council and subject to confirmation by the state house of assembly.

Governors may also issue lawful directives relating to public safety and order.

However, where a commissioner of police believes such directives are unlawful or contrary to policing standards, the matter may be referred to the National Police Council, whose decision will be final.

Implication

The provision gives governors operational authority over state police while creating safeguards against political abuse.

Commissioners of police will have an avenue to challenge directives considered unlawful or inconsistent with professional standards.

President To Appoint Inspector-General Of Police

The bill retains the existing structure at the federal level by providing that the president shall appoint the inspector-general of police on the advice of the National Police Council and subject to confirmation by the national assembly.

The IGP will remain the head of the federal police and command all federal contingents stationed across the states.

Implication

The federal police will continue to maintain a central chain of command, preserving the federal government’s authority over national security matters.

Inspector-General, State CPs Cannot Be Removed Arbitrarily

Section 216 stipulates that the inspector-general of police may be removed only on grounds including grave misconduct, breach of regulations, conviction for fraud-related offences, bankruptcy, or mental incapacity.

Such removal must be recommended by the National Police Council and approved by a two-thirds majority of the national assembly.

Similarly, a state commissioner of police may only be removed by a governor upon the recommendation of the National Police Council and with the approval of two-thirds of the state house of assembly.

Implication

The provision seeks to protect police chiefs from arbitrary dismissal.

Governors and the president will not have unilateral powers to remove commissioners of police or the inspector-general without institutional checks.

The Federal Government May Provide Grants To State Police

Section 216A provides that the federal government shall provide grants or aid to state police on the recommendation of the National Police Council and subject to the approval of the national assembly.

Implication

This provision recognises that some states may struggle to finance policing.

It also creates a mechanism through which the federal government can support state police without taking over their operations.

States Can Adopt Higher Standards

The amendment empowers state houses of assembly to enact laws relating to the organisation, funding and oversight of state police.

However, such laws cannot prescribe standards below the minimum standards set by the national assembly. States may adopt standards higher than those prescribed nationally.

Implication

States will enjoy flexibility in designing their policing systems, but minimum national standards will ensure consistency and professionalism.

Federal Authorities Barred From Routine Control Of State Police

The bill expressly provides that no act of the national assembly shall confer routine powers of command, deployment, appointment, transfer, suspension or disciplinary control over members of state police on any federal authority.

Exceptions are limited to constitutional provisions relating to federal intervention.

Implication

This provision is intended to preserve the autonomy of state police services.

It seeks to ensure that federal oversight does not translate into routine operational control.

National Police Council To Have Broader Membership

The proposal replaces the Nigeria Police Council with a National Police Council and expands its membership.

The body will include representatives of the federal police, attorneys-general of the states, retired senior police officers, the National Human Rights Commission (NHRC), the Public Complaints Commission, the Nigerian Labour Congress (NLC), the Nigerian Bar Association (NBA), the Nigerian Union of Journalists and traditional rulers.

The council will also supervise both federal and state police to the extent permitted by the constitution.

Implication

The expanded composition is designed to provide broader representation and civilian oversight in policing matters. It also reduces the concentration of power in a few institutions.

State Police Service Commissions To Be Established

The bill creates State Police Service Commissions under section 197.

The commissions will include representatives of the NHRC, the Public Complaints Commission, the NLC, the NBA, the NUJ, and traditional rulers, as well as retired police officers.

They will recommend candidates for appointment as commissioners of police and exercise disciplinary powers over officers below the rank of assistant commissioner.

In recommending a commissioner of police, each commission will submit three qualified candidates to the National Police Council.

Implication

The provision introduces multiple layers of oversight and participation in appointments. It also aims to prevent excessive concentration of power in governors by involving several institutions in the process.

States To Have Limited Powers Over Firearms

The amendment to the exclusive legislative list permits the use of light arms for policing purposes.

It also allows state police services access to fingerprints, biometric data, forensic records and criminal information systems in accordance with federal laws.

Implication

The provision provides legal backing for state police to carry out modern policing functions while maintaining national coordination on intelligence and records management.